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Judgment
We have heard learned Counsel for the parties.
Writ Petitioner, Respondent No. 1 herein, approached the Writ Court stating that, although he has retired, his pensionary dues and other
terminal dues have not been settled and paid to him. In answer to the writ petition, the State, Respondent to the writ petition, justified the delay for
settlement of such legitimate and lawful claims of the writ Petitioner-Respondent, only on the ground that the Service Book and other service
records of the writ Petitioner-Respondent are not traceable. The Writ Court felt that this is no excuse and, accordingly, allowed the writ petition,
directed payment of Rs. 3.00 lacs on account for the time being, to be adjusted when the final dues and claims would be ascertained and also
directed for re-construction of the service records of the writ Petitioner-Respondent within two weeks. Aggrieved thereby, the present appeal was
filed.
In the appeal, a stay petition was also filed. The stay was granted on condition of the Appellants depositing the sum of Rs. 3.00 lacs. That sum
of Rs. 3.00 lacs has been deposited. The writ Petitioner-Respondent has filed an application seeking permission to withdraw the said amount of
Rs. 3.00 lacs.
While considering that application, we thought it fit that we should consider not only the appeal but also the writ petition finally.
Learned Counsel appearing in support of the appeal, submitted that after the impugned order was passed, an inquiry team was constituted for
the purpose of inquiring and investigating how the Service Book of the writ Petitioner-Respondent got lost. In addition to that, all efforts had been
made for locating the Service Book. It was submitted that, despite all such efforts, while the inquiry team could not locate the Service Book and
service records of the writ Petitioner-Respondent, they also could not pin-point the reasons for misplacement of the same. He submitted that
investigation as to who may have been responsible for misplacement of those records, is now in process. He added that letters were written to the
writ Petitioner-Respondent, seeking his co-operation, but the writ Petitioner-Respondent maintained a stoic silence. He submitted that in such
circumstances, the Appellants have not yet been able to re-construct the service records of the writ Petitioner-Respondent.
We wanted to know from learned Counsel for the Appellants, what co-operation they wanted from the writ Petitioner-Respondent. To that, the
answer was that his clients wanted the writ Petitioner-Respondent to supply a copy of the Service Book, if the same is with him, and to provide
any other information as may be available with him. To our query, the learned Counsel appearing on behalf of the writ Petitioner-Respondent,
submitted that his client does not possess copy of his service record and because the service record, which is, by law, required to be kept and
maintained by the Appellants, has been lost, his entitlement cannot be delayed.
An employee of the State, who by serving the State while in employment, has earned service benefits, which include pension and other retiral
benefits, could not be denied the same, for, the keeper of the record has misplaced or lost the records. Some thing must be done. What should be
done, should be left to the Government, but because it has lost the service record or misplaced the same, it cannot, for a single day, deny the
benefits, which have accrued to a retiring member of the work force engaged by the State.
Learned Counsel for the Appellants submitted that the learned Judge should have had given a reasonable time to the Appellants to discharge
their statutor obligation of settling and paying retiral and other terminal dues of the writ Petitioner-Respondent. To that, we wanted to know what
should be the reasonable time. The answer was six month from today. To us, in no circumstances, the same can be said to be reasonable, the same
should, in the circumstances, be deemed to be utterly unreasonable. A Government employee, on his retirement, is entitled to his retirement
benefits the day he retires. In the instant case, the retirement took place in 1998. If a Government employee is not entitled to retiral benefits, he
must be informed about the same on the day of his retirement. If he is entitled to retiral benefits, all efforts must be made to reach the same to him
on the day of his retirement or soon thereafter which, in no circumstances, can stretch to six months. In the instant case, it has stretched to eleven
years.
Taking note of the fact, that provisional pension has been paid to the writ Petitioner-Respondent, we are not taking a serious view of the matter
in the instant case. We concede to the prayer for six months' more time and, accordingly, direct that, whether Service Book is re-constructed or
not, lawful and legitimate retiral and terminal dues of the writ Petitioner-Respondent shall be made available to him within a period of six months
from today. The retiral dues, to which the writ Petitioner-Respondent is entitled, shall carry interest at the rate of 5% from the date of his retirement
until today. The interest shall stop accruing from today until three months. In the event, the retiral and other dues are settled beyond three months,
the writ Petitioner-Respondent shall be entitled to 10% interest. The writ Petitioner-Respondent shall be at liberty to withdraw the sum of Rs. 3.00
lacs deposited in this Court which shall be adjusted with the dues of the writ Petitioner-Respondent after the same are finally calculated. Insofar as
the G.P. Fund is concerned, interest in respect thereof, shall be at the rate prescribed by the Government and for the purpose of payment of the
arrears in relation thereto, it must be deemed that the amount due to the writ Petitioner-Respondent on that account, remained in the G.P. Fund
account entitling the writ Petitioner-Respondent to interest at such rate until payment.
The order under appeal is modified to the extent as above.
The appeal, CMPs and the writ petition are disposed of.